Section 319.103

Title XXI PUBLIC SAFETY AND MORALS

Chapter 319

Effective - 28 Aug 1989   

  319.103.  Tank owners to register with department of natural resources, information required — exceptions — forms — out of service tanks permanently or temporarily, required information and registration — sale of tanks, seller to inform purchaser of registration duties. — 1.  Within ninety days after August 28, 1989, each owner of an existing underground storage tank currently in operation, including any tank which is temporarily out of service, who has not previously provided notification, shall register such tank with the department and specify the age, size, type, location, and uses of such tank.

  2.  Within ninety days after August 28, 1989, the owner of an existing underground storage tank taken out of operation between January 1, 1974, and August 28, 1989, shall register such tank with the department and specify the age, size, type, location, and uses of such tank.

  3.  Any owner who brings an underground storage tank into use after August 28, 1989, shall register such tank with the department within thirty days after the tank is brought into use and specify the age, size, type, location and uses of such tank.

  4.  The requirements of subsections 1 to 3 of this section shall not apply to tanks for which notice was given pursuant to section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510).

  5.  Registration required by subsections 1 to 3 of this section shall be made on approved forms made available by the department.

  6.  The owner of any tank identified in subsections 1 to 3 of this section, or for which notice was given pursuant to either section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (P.L. 96-510), as amended, or section 9002(a) of subtitle I of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, that is permanently closed pursuant to section 319.111, shall notify the department in writing within thirty days prior to closure.  Notice shall include the following information:

  (1)  The date on or after the tank would be taken out of operation;

  (2)  The age of the tank on the date taken out of operation;

  (3)  Any identification number for the tank as provided pursuant to subsections 1 to 3 of this section;

  (4)  The size, type, and location of the tank; and

  (5)  The type of substance or substances which the tank was used to store.

  7.  Any owner who has provided the department with underground storage tank inventory information in compliance with the notification requirements of section 9002(a) of subtitle I of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, shall be deemed to be in compliance with subsections 1 to 3 of this section.

  8.  Any person who deposits a regulated substance in an underground storage tank shall, following August 28, 1989, upon the first two deposits, notify the owner or operator in writing of his obligations under sections 319.103 to 319.137.

  9.  Any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of the tank in writing of the owner's notification requirements pursuant to this section.

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(L. 1989 H.B. 77, et al. § 2)